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2025 DAILYLAW 113953 (ALL)

NATTU ALIAS NATHU AND 5 OTHERS v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER

/51/2025 · 2025-01-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1087 Court No. - 12 Case :- APPLICATION U/S 482 No. - 51 of 2025 Applicant :- Nattu Alias Nathu And 5 Others Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Shubham Mishra,Prabhoo Dayal Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicants and learned AGA for the State as well as perused the record. 2. The present application U/s 482 Cr.P.C./Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicants for the following main reliefs:- "to quash the entire criminal proceedings of session case no. 1483/2023, case crime no. 276/2022 under sections 147, 323, 504, 506 I.P.C. and 3(1), r, s, SC/ST Act P.S.- Vikas Nagar District Lucknow pending in the court of special judge (S.C./S.T.) Act Lucknow as well as impugned chargesheet no. 01/2023 dated 13.01.2023, as contained in Annexure No. 1 to this petition in the interest of justice." 3. After arguing at some length, learned counsel for the applicants has submitted that liberty may be given to the applicants to file bail application before the trial court which may be decided in view of law laid down by Hon'ble Supreme Court in the case of Satender Kumar Antil versus Central Bureau of Investigation and another, (2022) 10 S.C.R. 351 : (2022) 10 SCC 51 as also to prefer a discharge application before the court below and the same may be decided expeditiously. 4. Learned AGA has no objection to the prayer made by learned counsel for the applicants. 5. Keeping in view the aforesaid, the present application is disposed of with liberty as prayed for and with a direction to the court below that if the applicants apply for bail before the Court concerned, his prayer for bail shall be considered and decided expeditiously in accordance with law. 6. Liberty is also granted to the applicants to move discharge application before the court below and the same shall be decided expeditiously in accordance with law. 7. Taking note of the facts of the case and also the observations made in the case of Satendra Kumar Antil (Supra), this Court is of the view that it would be appropriate to observe that it is expected from the Police Officer concerned that for a period of 30 days from today or till the applicants apply for bail, whichever is earlier, they would not take any coercive action against the applicants in the aforesaid case. 8. With the aforesaid observations, the present application is disposed of. Order Date :- 7.1.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench